Case 11 12

Case 11November 2 2012Amendment VIConfronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense Kentucky Court of General Jurisdiction is thecircuit court Sentence in Kentucky for forging a check was 2 10 years in jail If you admit to being guilty we will make sure your sentencing is 5 years If you go ahead and take this to trial he was going to prosecute him under the habitually offender statuteoAnd he also gets charged for the check again Kentucky vs Hayes 1973oThe jury found him guilty He was convictedOn the check passing charge and also convicted on the habitually offender He appealed and he filed a petition for a writ of habeas corpus oHe picked on two issuesththThe 8 and 14 amendment thThe 8cruel and unusual punishment th14due process thAnd Intermediate Appellate CourtFederalUS Court of Appeal6 Circuit oHayes vs Cowan 1975Affirmed Court of General Jurisdictionfor FederalUS District courts Eastern District of KY oReversed oRemanded resentenced Moves now to the Federal US Supreme Court